Bill Text: NY A09447 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "topical medication safety and efficacy act"; relates to the dispensing of topical pharmaceuticals.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2014-04-30 - referred to higher education [A09447 Detail]

Download: New_York-2013-A09447-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9447
                                 I N  A S S E M B L Y
                                    April 30, 2014
                                      ___________
       Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
         tee on Higher Education
       AN  ACT to amend the education law, in relation to enacting the "topical
         medication safety and efficacy act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "topical medication safety and efficacy act."
    3    S 2. Legislative findings and intent. The legislature recognizes  that
    4  medicine  is  an  important  and  ever-changing field marked by constant
    5  advances in knowledge and methods. Modern  pharmaceutical  research  has
    6  expanded the ability of physicians to heal their patients, but these new
    7  discoveries  require  not  just  new  chemical compounds, but also occa-
    8  sionally require new methods of administering treatments and  distribut-
    9  ing  medicines  to patients. For some topically applied medications, the
   10  safety and efficacy of the treatments are  enhanced  when  patients  can
   11  obtain  their  medicines  directly from their physicians and immediately
   12  learn correct application techniques  under  the  doctor's  supervision.
   13  This  is  especially  true in the case of medications used to treat skin
   14  discoloration affecting people of color. Due to the sensitivity  of  the
   15  skin  and  eyes,  patients often require additional guidance from physi-
   16  cians in the proper administration of treatments,  and  this  method  of
   17  instruction  coupled  with  dispensing  by  physicians  currently  helps
   18  millions of patients around the country. Unfortunately, New  York  State
   19  law has failed to similarly keep pace with medical developments, and New
   20  York  is  one  of  only  five  states  in  the nation that prohibits the
   21  dispensing of medications by physicians. This has  resulted  in  certain
   22  medications  not being as accessible to New York patients as they are in
   23  other states, keeping some patients away from  desired  treatments,  and
   24  driving others out of state to obtain treatment.
   25    S  3.  Section  6802  of  the education law is amended by adding a new
   26  subdivision 27 to read as follows:
   27    27. "TOPICAL PHARMACEUTICAL" MEANS:
   28    A. BIMATOPROST;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14547-02-4
       A. 9447                             2
    1    B. HYDROQUINONE;
    2    C. METRONIDAZOLE;
    3    D. TRETINOIN;
    4    E. IMIQUIMOD;
    5    F. ACLYCLOVIR; OR
    6    G. A DRUG THAT:
    7    (1) IS NOT A CONTROLLED SUBSTANCE;
    8    (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
    9    (3)  HAS BEEN REGISTERED WITH OR APPROVED BY THE FEDERAL FOOD AND DRUG
   10  ADMINISTRATION; AND
   11    (4) IS PRESCRIBED FOR THE SKIN, THE TREATMENT OF A SKIN CONDITION,  OR
   12  THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
   13    S 4. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
   14  the  education  law,  as  amended by chapter 538 of the laws of 2001, is
   15  amended and a new subparagraph 10 is added to read as follows:
   16    (9) the dispensing of drugs pursuant to an oncological or AIDS  proto-
   17  col[.]; OR
   18    (10)  THE  DISPENSING  OF  A  TOPICAL  PHARMACEUTICAL IN EXCESS OF THE
   19  PATIENT'S IMMEDIATE NEEDS WHEN  DISPENSED  BY  A  PHYSICIAN,  WHERE  THE
   20  PHYSICIAN:
   21    I.  TO THE EXTENT A TOPICAL PHARMACEUTICAL IS AVAILABLE AT A PHARMACY,
   22  INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A PHARMACY OR
   23  DISPENSED IN THE PHYSICIAN'S OFFICE;
   24    II. DISPENSES ONLY TO THE PHYSICIAN'S PATIENTS;
   25    III. BELIEVES THAT DISPENSING WOULD IMPROVE THE SAFETY AND EFFICACY OF
   26  THE DRUG OR COMPLIANCE WITH TREATMENT BY THAT PATIENT; AND
   27    IV. COMPLIES WITH ALL STATE AND FEDERAL LABELING  AND  RECORD  KEEPING
   28  REQUIREMENTS  APPLICABLE TO THE AESTHETIC PHARMACEUTICAL. A RECORD MAIN-
   29  TAINED UNDER THIS SUBPARAGRAPH MUST BE ACCESSIBLE TO THE EXTENT REQUIRED
   30  BY STATE AND FEDERAL LAW. A PHYSICIAN MAY CHARGE A FEE FOR DISPENSING AN
   31  AESTHETIC PHARMACEUTICAL.
   32    S 5. This act shall take effect immediately.